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Over 10,000 fish were killed as a result of the February 2001 pesticide spill at the Warringah Golf Club, an accident which cost the club $600,000 and its former superintendent 250 hours of community service
ATM Editor Brett Robinson surveys the fallout from the landmark Warringah Golf Club verdict and examines what one of the biggest legal decisions ever against an Australian golf course means for superintendents.
Photos courtesy of Martin Lange, Manly Daily News and Warringah City Council
Numerous entities utilise herbicides and pesticides in the course of their business." The outcome is unfortunately a black mark against an industry that has been striving for a number of years to raise its level of environmental awareness and stewardship. It also detracts from the achievements of courses that have won environmental awards and Audubon certification. The publicity surrounding the accident was high due to the visible manifestation of pollution the spill caused, not to mention the fact that the course is located in the middle of Australias largest city. On top of that, the waterway affected was and still is the subject of a major environmental clean-up program that involves local community groups and authorities. For those that are unfamiliar with the two cases, it breaks down like this. On 12 February 2001, then Warringah superintendent Craig Coggins instructed one of his staff to spray greens with an insecticide called Gusathion, a Schedule 7 poison, in an attempt to contain an outbreak of Argentine Stem Weevil. The tractor spray unit which ironically is still in use at the club today broke down and after failed attempts to get it working, Coggins instructed a member of his staff to empty the contents of the sprayer directly onto a concrete slab in the compound to ascertain the fault. The slab had no bunding. This was despite several failed attempts by Coggins to get the club to install such a precaution. Coggins then hosed the chemical solution off the slab which then entered a nearby stormwater grate that fed directly into nearby Brookvale Creek, a tributary of the Manly Lagoon. The outcome was disastrous. Some 10,000 fish were killed and 4.16 tonnes of dead marine and animal life were colleted in the aftermath. The Environment Protection Authority (EPA) became involved and both Coggins and the club were charged for negligently causing harm to the environment, a tier one offence which carries severe penalties. This is a very simple explanation of the case and the full judgements can be read by visiting the LEC website (see details on page 8). Also on page 11, Countdown to a Catastrophe details the timeline of events leading up to the accident. Predictably, industry reaction to the verdicts has been wide and varied with some supporting Coggins assertion that he was made a scapegoat by the club, while others have labelled it a long-overdue wake up call the industry needed.
BRETT ROBINSON
"Now I know that this is against the principals of some superintendents to sit down in an office and start doing paper work. But they need to look at washdown bays, runoff areas, waterways, and any areas of environmental concern. "They need to identify them, prioritise them, go to their committee and inform them that these issues need addressing and put a figure against them. "Thats going to have to happen. If they dont start putting this sort of the thing in place and have documentation that shows they are trying their best, or perceived to be doing their best, they are going to fall over in a big way." Adds AGCSA Board member and Kingston Heath Golf Club superintendent Martin Greenwood: "It should be a wake-up call for superintendents in all aspects of their job, not just in the way they handle pesticides but in respects to the paper trail. "Documentation is such a crucial thing nowadays. Superintendents should get into a regime of documenting and getting reports minuted at official meetings to cover themselves." Couchman says the verdicts provide perfect ammunition for superintendents to put in front of committees to support their calls for improved facilities and practices, particularly for those superintendents that are encountering board-level resistance. "It is a big wake-up call for the committees," says Couchman. "They have got to realise that a shell be right attitude is not acceptable. "Thats where it comes back to the superintendent. They have to make sure they stand up and request that reports be minuted at meetings and know their rights in the committee room. "If they put a proposal forward, which is clearly a workplace safety or environmental issue, or any issue that has ramifications on the superintendent personally, and the board says no they need to be able to say Please minute that." If superintendents need any motivation to take heed of this saga they only need to look at the personal impact the whole thing has had on Coggins. While the club will absorb the financial burden in time, the emotional scars inflicted on Coggins will take a long time to heal. According to court documents, Coggins incurred $220,000 in legal fees relating to the proceedings, investigations of the fish kill and unfair dismissal proceedings (Coggins was initially sacked after the incident but was reinstated on grounds of unfair dismissal. However, he subsequently resigned from the club.) Coggins was forced to sell his Sydney house and relocate his family to Coffs Harbour, while his retired parents loaned $100,000 to help fund the legal battle.
Council clean-up crews begin the grizzly task of retrieving dead marine and bird life from Manly Lagoon the day after the spill
"Certainly in NSW it has put the wind up everybody and guys that may not have been weary of the potential of something like this happening have been put on notice," says AGCSA Board member Martyn Black. Adds AGCSA president Mark Couchman: "Id hate to think it has given the industry a bad image but it is certainly a wake-up call. We need more accountability. "I dont think the EPA will come down harder on golf courses, but they will be more aware of what we do and the potentials of what could happen. Everyone is waiting for a knock on the door." Whatever reactions have been, the saga has become case law. It is now up to clubs and individual superintendents whether they make themselves aware of the findings, their ramifications and the lessons that can be applied. A common thread throughout the industry so far has been to use the incident as a learning experience.
up their pesticide tanks from, where they dump their residues, training staff and trying to improve all their maintenance practices in and around chemical safety," says NSWGCSA president Craig Easton. More importantly, however, the saga highlights professionalism in terms of the way superintendents conduct business at board and committee level and adapting to the changing nature of the job. "Superintendents must pass these findings on to their boards, because it specifically states that the board was more negligent due it its inaction," says Easton, superintendent at Carnarvon Golf Club.
"Superintendents now have to become more proactive and not wait for their committee to ask them to put procedures in place.
JUSTICE TALBOT
(EPA v Warringah Golf Club)
environmental policy and a master plan for the golf course were essentially not acted upon. Furthermore, the president has given evidence that the board had in recent years focussed on other matters in the belief that they had no responsibility in respect of environmental matters and that it was entitled to delegate such responsibilities to management employees." 14: "the description of the defendant's failure to appreciate its obligations cannot be confined to gross incompetence. The actions were more heinous than that. It was emphatically and utterly foreseeable that the conditions were totally inadequate to deal with even sporadic handling of dangerous toxic compounds in close proximity to a sensitive waterway." 17: The Court is convinced that a clear message must be sent to non-profit entities operating public facilities that they are equally liable to punishment The general deterrent aspect of this sentence is important because the elements of this offence are not exclusive to golf clubs. Numerous entities utilise herbicides and pesticides in the course of their business." 18: " the Court should send a powerful message to sporting club operators, and in particular, golf clubs, that mismanagement or, particularly as in this case, abandonment of environmental responsibility will lead to condign punishment." 19: "There is justification for specific deterrence in this case. The club, through its board and management, never seriously addressed the issue of environmental responsibility. Some preliminary positive steps have now been taken in that regard but future, as well as present, board members must be made aware that the consequences of a re-occurrence could be catastrophic to the financial viability of the club."
JUSTICE COWDROY
(EPA v Craig Coggins)
4: "It is appropriate to repeat my primary findings on guilt of the judgment delivered on 19 June 2003: 71: "The primary offence was caused by either the wilful or negligent act of Mr Coggins in hosing the poisonous substance off the concrete slab under conditions where there were no adequate measures in place to prevent a discharge to the creek." 72: "The conditions that gave rise to the commission of the offence by Mr Coggins are the state of the greenkeepers compound and associated buildings, including, in particular, a workshop, chemical store and concrete slab" 7: "The prosecutors submission, that the condition of the greenkeepers compound made it "the site of an accident waiting to happen", is adopted by the Court." 11: "The Court found that WGC was negligent in material respects by omitting to take reasonable steps to prevent the escape of a dangerous substance from its premises and thereby contributed to the conditions that gave rise to the commission of the offence ... The contribution by WGC is the essential ingredient of the offence. 12: "The contribution to the conditions at the greenkeepers compound had direct consequence for the environment. If appropriate and effective physical barriers, systems and procedures had been in place the discharge of the poison would not have occurred. It was the sole responsibility of WGC to provide the conditions that prevent escape of dangerous substances from its premises. In that sense the club's negligent omission was the prime cause of harm to the environment."
30: " the defendant does not regard himself solely to blame for the environmental damage resulting from the offence. The defendant refers particularly to the failure on the part of the club to install the appropriate bunding around the workshop area. The defendant maintains that the club rejected the requests to provide bunding. In response, the management of the club declined such claiming that there were insufficient funds " 42: "The defendant, but for this offence, has proven to be a responsible citizen, and a person who has been held in the highest regard by his peers. The defendant's antecedents, good character and employment record mitigate heavily in his favour." 45: The prosecutor initially submitted that the defendant had not co-operated with the investigators. When the environmental damage resulting from the offence was discovered the defendant gave a false account of the circumstances leading to the offence. The Court is satisfied that the defendant provided the false account because of his fear of the consequences of his actions To his credit, he confessed within a matter of days.
To view the full judgements of both cases log on to the Land and Environment Court website through www.lawlink.nsw.gov.au. Go to NSW Courts and Tribunals, then Judgements, then Land and Environment Court. Click on 2003 which brings up all judgements. Warringah Golf Club is Case No.222 and Coggins is Case No.111.
Clean-up crews collected over four tonnes of dead fish and bird life from the Manly Lagoon. Traces of the pesticide azinphosethyl found in the dead fish were 10 to 500 times the concentration that would cause their deaths
Warringah Golf Clubs defence was that it was the superintendents act that directly led to the spill. However, the club was found to not have the correct procedures or the proper facilities in place to help prevent such a disaster. Even more damning was club president Ron Newells admission that the board believed it had no responsibility in respect of environmental matters and that it delegated such authority to the likes of Coggins. As such, the fine imposed by the LEC should be enough for any golf course to sit up and take notice of their environmental responsibilities. "The deterrent that comes from this is of course the financial one $250,000 is quite a significant penalty but also in terms of credibility," says environmental protection officer John Dengate, from the recently formed Department of Environment and Conservation. "Golf courses have an image of being green and healthy and a nice place to spend some time pursuing the sport of golf, and in that sense golf clubs who have these sorts of impact on the local environment are risking more than just a financial side. They are risking their credibility and the very environment on which their industry depends.
Continued on page 12
Tuesday, 13 February 2001 - Sunday, 18 February 2001 Full extent of the spill becomes evident as dead fish begin to wash up around the shores of the lagoon. Warringah and Manly councils call in special clean up teams to remove the dead marine and bird life. The EPA is called and begins what will eventually be a 10-month investigation with 80 potential witnesses. Environmental Consequences The spill resulted in the death of more than 10,000 fish including bream, snapper, mullet, Australian bass, herring, trevally, and eels. The Manly and Warringah councils collected more than 4.16 tonnes of dead fish and eels. It was estimated that at least 12 species of fish within the lagoon perished. Local residents also observed dead and dying ducks, cormorants, and herons. Azinphos ethyl was found in the waters of the creek and of the lagoon and in fish samples and in several ducks that died in the days and weeks following the fish kill. Tissue concentrations of azinphos ethyl in the dead fish collected on 13 February 2001 were 10 to 500 times the concentrations that would cause
their deaths.
POISON
Manly Lagoon
Residents reported strange splashing noises the afternoon of the spill. It wasnt until the following day that the full extent of the disaster was evident
Warringah Today So where is the Warringah Golf Club at almost three years after the incident? As far as general manager David Airey is concerned the club has accepted the LEC decision and is moving on. "There is a sense of relief that it is over," says Airey, who only started in the job two months before the original incident took place. "I wouldnt want to see this happen to any other golf club. It has been a tough two-and-ahalf years. You wouldnt wish it on anyone. "For us theres got to be a whole different way of doing business. We werent operating in a best practices manner. Its a wake up call for golf clubs and it is very important that other clubs learn from this. "The main lesson the club has learned is that the whole organisation has to be involved and have a knowledge of the operations and polices, especially written policies, and that staff are fully trained in those policies. "Everything has to be consistent and there needs to be good communication at all levels. The whole organisation from the top down needs to be aware, and not just rely on staff to make sure that everything is in place.
Draft plans for the washdown bay have been drawn up and a development application is currently before Warringah Council. In addition, the club has adopted a sitespecific environmental management strategy using the recently released AGCSA/EPA environmental manual as a guideline, while a separate OHS and environmental issues committee has been formed. Specific polices on machine washdown, chemical use and machine repair have also been adopted, while a chemical spill kit has been purchased and staff trained in its use. "It has been a difficult time," sums up Maurice on the past two years. "All the guys on staff now were there when the incident happened. The mood was very down for about three months but it was a matter of turning all the negatives into a positive. "We just have to accept it. We just have to do our best and the committee understands that. Its now time for the club with all the awareness this incident has created to move forward. "Its just unfortunate that we were the ones made an example of."
See Page 45 of this edition of ATM ACGSA, DEC Launch Environmental Management Manual for Golf Courses. Have your say! What are your thoughts on the Warringah Golf Club saga? Put pen to paper or finger to keyboard and send a letter to the editor. Correspondence can be sent to the AGCSA at Suite 1, Monash Corporate Centre, 752 Blackburn Rd, Clayton North, VIC 3168 or email brett@agcsa.com.au
TM caught up with five NSW-based superintendents to get their thoughts on the Warringah verdicts and
to take an active role, know what is going on and be aware that they are liable." 3. "I was already aware of the ramifications and potentials at my club. More so, it has raised the awareness of my staff, our golfing membership and the board of directors." Mark Parker Concord Golf Club 1. "I think the poor guy [Craig Coggins] went through more than he should have. It appeared to be an accident with no intent. We all make mistakes, with people having made far worse without ramifications. He was unlucky and
2. "That if you make a mistake, you have to rectify it as quick as possible by alerting the authorities, instead of putting your head in the sand. It seems that if things had been done a bit differently there might have been less consequences for the club and the superintendent." 3. "I took my president along to the AGCSA workshop in October at Pennant Hills. He had a few interesting looks on his face. Im pushing for some additions here and hes now one of my very strong supporters. The verdict has definitely raised the clubs awareness." Scott Lane Oatlands Golf Club 1. "I think it has opened a lot of guys eyes to what they can and cant do. Weve got a lot of stuff in place here at Oatlands so that sort of thing doesnt happen to us. But I probably think it was warranted. We need to be seen as a leader in the industry." 2. "The fines. Also, everyone needs to be made aware of what can happen. Even though you might not be on site, its still your responsibility. Youve got to make sure you train your staff correctly in all these types of things. The EPA and WorkCover laws are changing all the time and in places conflict, and I think as an industry we need to do something to keep us up to date. "Greenkeeping is not the same as it once was. Ive been in the game for more than 20 years but Im not really a greenkeeper any more. Im more an office manager. Im constantly in meetings, updating risk assessments and WorkCover stuff, and training staff. I only get to look at my course maybe once a week. Thats when I rely on my 2IC and 3IC to keep me up to date. "Everyone needs to made aware, especially the smaller country courses, because they could get themselves into a lot of trouble. Some of them simply dont have the resources and the manpower to commit to risk assessments. 3. "We are currently re-doing ours at the moment to keep it up to date as a result of the verdict.
the ramifications they have for the industry. Each superintendent was asked three questions; 1. What are your impressions of the verdict? 2. What was the most crucial point to come out of the cases that superintendents need to be aware of? 3. Have the verdicts made you look at your clubs environmental management plan and has it increased your awareness of your clubs environmental responsibility? Heres what they had to say. Bruce Carruthers Woodlands Country Club 1. "They [the verdicts] were handed down as an example of severity and to teach a big lesson to the industry by sending a warning that this is what could happen if you are not up to shape." 2. "The most crucial point is that superintendents need to be totally aware of the products they are handling, what they are doing with them, how they use them and how they dispose of them." 3. "Yes. This is a wake-up call for the industry not to be blas or apathetic towards the statutory rules that are in place." Norm Foord New Brighton Golf Club 1. "I think it was probably expected. They [the courts] were always going to make an example of this case to everyone by invoking pretty heavy penalties. Unfortunately it had to be a golf course. I guess it has been coming for a long time." 2. "That our stewardship and environmental awareness now has to be even more stringent with current legislation. Were probably more aware than most other horticulturalists of these issues, but it emphasises we need to be up to speed with the latest legislation in all areas regarding the environment. It emphasises the need for more professionalism. The other big point is that the board of directors now have
made a scapegoat. I think it also highlights societys growing intolerance of environmental mismanagement at certain levels, yet the hypocrisy surrounding far greater environmental disasters that occur daily and are allowed because it affects our wallets." 2. "I think vigilance and written documentation, particularly in regards to any OSH or environmental issues. You need to have everything documented at club committee meetings and carry out regular official meetings with your entire staff and document the minutes." 3. "My immediate reaction is to say no because I feel we are already proactive in that respect. We carried out an environmental audit some seven years ago, looking at what our systems are and what we do. But realistically yes it has. At the end of the day even though we carried out an audit, it makes you question, "Did we do it well enough, what else do I need to cover?" There wouldnt be any club in Sydney that didnt stop and think about it." Anthony Rowland Charlestown Golf Club 1. "Things went wrong and they werent turned around and rectified once they went wrong. Ignorance doesnt count anymore, basically. Its going to have a strong impact on the way people look at environmental issues across the board and committees will need to strongly enhance their awareness of such issues."
The Warringah case should send a huge warning to clubs to raise their level of environmental awareness
t the time of the Warringah incident I was working for the EPA as a specialist environmental investigator attached to their legal branch and following the incident I was part of a large investigative team. The EPA charged the club, being the occupier of the golf course, with negligently contributing, in a material respect, to the conditions that gave rise to Craig Coggins offence. This did not mean that the club "caused" Coggins offence; rather it meant that the club, through its own acts and omissions, created conditions that contributed to his offence. The court found that the club had been criminally negligent in that, among other things; 1. Poisonous chemicals, including pesticides, were frequently handled and mixed on a concrete slab in the greenkeepers compound; 2. The slab was near Brookvale Creek and adjacent to stormwater pits that lead to the creek; 3. The slab was not surrounded by a bund or other protective devices; 4. Little or no precautions had been taken by the club to prevent the escape of dangerous substances from the greenkeepers compound; and 5. The escape of the pesticide and the potential harm were foreseeable and it was an accident waiting to happen.
TERRY MUIR
It will identify, assess and control environmental risks and be complemented by a system of on-going management and review. The ultimate goal is to ensure individuals throughout golf clubs recognise their environmental responsibilities, are accountable for their actions, and demonstrate a sense of environmental ownership. Golf clubs who adopt this approach may not only demonstrate they have acted duly diligently but may also enhance the image of the industry by demonstrating that robust internal environmental performance criteria apply to all environmental decisions. One of the main aims of the Parliaments in criminalising environmental breaches in Australia is deterrence. As reported during the Warringah case, Justice Talbot commented, "The court should send a powerful message to sporting club operators, and in particular, golf clubs, that mismanagement or, particularly as in this case, abandonment of environmental responsibility will lead to condign punishment." The environmental performance of golf clubs must move with, and in some respects be in advance of, community and government expectations. Environmental responsibilities of golf clubs must be managed in the same manner as its fiduciary, economic, legal and human resource responsibilities. Golf club board members and senior managers must; Become familiar with environmental effects of all sections of their club; Identify staff who have responsibility for environmental management; Prepare an integrated environmental program; Keep a register of policy and legal requirements; Demonstrate environmental responsibility to employees and contractors; Exercise control over the actions of contractors; Maintain adequate records to demonstrate compliance with environmental requirements. For the golfing industry to work together and foster a culture of continuous improvement in environmental management, senior management at golf clubs must provide a selfimposed set of environmental rules for the carrying out of specific activities. They must take a leading role in setting minimum environmental standards and provide resources and support in developing practical measures to prevent and minimise the risk of environmental harm. The starting point is top management commitment because they define organisational goals and provide leadership and direction. They also make decisions and must view environmental management commitment as an opportunity to improve. The Warringah case also highlights that many activities at Australian golf courses involve inherent environmental risks that require ongoing management. These include natural resource consumption, chemical and waste storage, air, noise, soil and water pollution. While there is no fool-proof plan to guarantee the prevention of environmental incidents, the golfing industry must commit to an holistic approach of environmental risk management using simple risk management tools that enhance environmental decision-making, accountability, responsibility and defensibility. The environmental programs at golf clubs are constantly in need of evaluation or improvement. The Court found beyond reasonable doubt that the club itself breached its duty to take reasonable steps to avoid or minimise harm to the environment. It negligently, and in a material respect, contributed to the conditions that gave rise to the commission of the offence by its employee. This is because it failed to implement fundamental safeguards and procedures to protect the environment from harm in the event of an accident or the careless or negligent performance by an employee. Sadly, the golfing industry stands atop the list of offenders in NSW, along with the Karuah Caravan Park case (the defendant was sentenced to 12 months jail), as the equal highest fine imposed in any single environmental investigation in NSW. Already, the EPA and local councils in NSW have commenced audits and site inspections of golf clubs and there is no doubt the industry will be closely scrutinised by environmental regulators. Clubs now need to review their environmental status taking into consideration environmental records, reports, materials, work procedures and staff, and making it a priority to inspect the site to identify the strengths and weaknesses of the current way of managing the environment.
Terry Muir was an investigating officer for the EPA during the Warringah Golf Club and Craig Coggins cases. He now runs his own environmental management consultancy called Environmental Business Solutions.